Saving Mr. Nutterbutter

When John Olivertore into coal baron Bob Murray back in June, he knew a lawsuit was likely; he even prepared for the possibility by bringing out someone in a squirrel costume, who pre-emptively told Murray to “eat shit.” And like Oliver predicted, the mogul did sue HBO, Time Warner, Oliver, and his writers—but he might live to regret his decision. The West Virginia A.C.L.U. has filed an amicus brief in Oliver’s defense—and it might actually be a harsher takedown than Oliver’s original segment.

The brief, filed on Monday, is well worth reading in full, as it features some truly colorful writing. Consider, for example, the section headings, which include “Anyone Can Legally Say, ‘Eat Shit, Bob!’” and “All of John Oliver’s Speech Was Protected by the First Amendment. You Can’t Sue People for Being Mean to You, Bob.”

“It is a basic concept of free speech that you do not get to sue media organizations because you don’t like their coverage,” Jamie Lynn Crofts writes in the brief. “However, this is apparently a difficult concept for Plaintiffs to grasp. It appears that Bob Murray’s favorite hobby is suing and/or threatening to sue people for making political statements he disagrees with.”

“This case is beyond meritless,” Crofts adds later. “It is offensive to the very ideals of free speech embodied in the First Amendment . . . It is apt that one of Plaintiffs’ objections to the show is about a human-sized squirrell [sic] named Mr. Nutterbutter, because this case is nuts. Which also begs the question: is Mr. Nutterbutter one of the 50 Doe Defendants included in this action?” (A “doe defendant” is a person who might be liable to the plaintiff but whose name is not yet known.)

One of the many complaints Murray’s lawsuit makes concerns Oliver comparing him to Dr. Evil from Austin Powers. For this complaint, Crofts breaks out a side-by-side photo, writing, “With regard to the Dr. Evil remark, it should be noted that truth is an absolute defense to a claim of defamation.” In a footnote, Crofts adds, “It should be noted that the very mean comparison arose from both a striking physical resemblance and a statement made by Plaintiff’s General Counsel with an uncanny similarity to statements made by a more youthful Dr. Evil.”

In a statement regarding the brief, Crofts said, “When you are complaining in a legal document about a squirrel named Mr. Nutterbutter and being called a ‘geriatric Dr. Evil,’ something has gone terribly awry. John Oliver hurt Bob Murray’s feelings. Luckily, thanks to the First Amendment, public figures like Mr. Murray can’t sue comedians for making fun of them.”

Murray already faced an uphill battle with this case—but we’re guessing now more than ever, his chances of winning are, well, not great, Bob.